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Nassar v. County of Cook

Case Date: 08/08/2002
Court: 1st District Appellate
Docket No: 1-00-3602 Rel

FOURTH DIVISION
AUGUST 8, 2002

1-00-3602

RANA NASSAR, a Minor; ODAIE NASSAR,
a Minor; LUAEY NASSAR, a Minor; and 
CKUSI NASSAR, a Minor; by their
Mother and Next Friend, WAFIEH JAMAL
NASSAR; and WAFIEH JAMAL NASSAR,
Individually,

                  Plaintiffs-Appellants,

                           v.

COUNTY OF COOK, a body politic,
individually, and d/b/a COOK COUNTY
HOSPITAL,

                  Defendant-Appellee,

                           and

JAMES HAWKINS, M.D.; ABDUL
HOSSEINIAN, M.D.; JOHN KLUTKE, M.D.;
FELICIA LANE, M.D.; LIGAYA MARASIGAN,
M.D.; JAMES SHEPHERD, M.D.; and LAMARR
TYLER, M.D.,(1)

                        Defendants.

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) 		Appeal from the
Circuit Court of
Cook County.














Honorable
Maureen Durkin Roy,
Judge Presiding.

JUSTICE HARTMAN delivered the opinion of the court:

Plaintiffs, Rana Nassar, a minor; Odaie Nassar, a minor; Luaey Nassar, aminor; and Ckusi Nassar, a minor, by their mother and next friend, Wafieh JamalNassar; and Wafieh Jamal Nassar, individually (plaintiffs), appeal from a juryverdict in favor of defendant, County of Cook, a body politic, individually, andd/b/a Cook County Hospital, in a retrial of an obstetrical malpractice action. On appeal plaintiffs contend that the circuit court erred in: (1) giving thelong form proximate cause instruction; (2) refusing to give the missing witnessinstruction; (3) allowing defendant to present statistical evidence regardingother womens' pregnancies; (4) allowing testimony of previously undisclosedopinions in violation of Supreme Court Rule 213 (177 Ill. 2d R. 213 (Rule 213));and (5) denying plaintiffs' motion for a new trial based on prejudicial remarksmade during opening statements.

In 1990 Wafieh Nassar became pregnant with quadruplets. On March 18, 1991,during the 22nd week of her pregnancy, Wafieh presented at Cook County Hospitalcomplaining of symptoms consistent with pre-term labor. She was hospitalized andremained there until her babies were born 47 days later at 29